Three prominent First Amendment lawyers uniformly agreed that Fox’s $787.5 million deal was record-setting, massive, and would be too painful for the network to ignore.

It's more than half of Fox's earnings from 2022.

Why they say you shouldn't believe the naysayers. https://lawandcrime.com/2020-election/dont-get-it-twisted-foxs-787-5m-defamation-deal-is-record-setting-massive-and-painful-experts-say/

Don't get it twisted: Fox's $787.5M defamation deal is record-setting, massive and painful, experts say

Three prominent First Amendment lawyers tell Law&Crime that Fox's settlement was record-setting, massive, and would be too painful for the network to ignore.

Law & Crime
@KlasfeldReports
Earnings, not profits? Oww. That's gotta hurt.
@SoftwareTheron @KlasfeldReports That's a typo/error, as Fox Corp's revenue is approx ~$4 billion per quarter. The settlement was half of Fox's 2022 not revenue (profit), not earnings.
@SoftwareTheron @bunnyAdvocate earnings is synonymous with profit, ie, what you net. Revenue is before you account for expenses. (See the chart inside the story, where “revenue” is a far higher figure.)

@KlasfeldReports @SoftwareTheron @bunnyAdvocate Unfortunately the article is misleading about this, because of the quote "Imagine if someone came up to you and said that all of that money that you earned last year, we’re going to take half of it." That's not the same thing. Most people are going to think "my salary" not "my salary minus all my expenses" when you quote that.

But I don't see how this changes anything more than "don't explicitly name entities who have enough money to sue us."

@KlasfeldReports Meh. This settlement will probably cost him less than the News of the World phone hacking scandal did nearly 15 years ago. And now the scapegoat editor for that remains very close to the Murdochs and is rumored to being considered for new leadership in the organization.
Fox News' only revenue source proved how loyal they were when OANN and Newsmax challenged from the right. I think Fox's only viable options are (1) continue with the crazy, or (2) double down on the crazy.
https://en.wikipedia.org/wiki/News_International_phone_hacking_scandal
News International phone hacking scandal - Wikipedia

@KlasfeldReports
News at 11, profession that depends on people believing the system works keep insisting the system works.

I loooove lawyers.

@KlasfeldReports
I do like the idea that the insurance oligarchs are somehow going to check the media oligarchs.

I think I'll eat my hat when I see that happen.

@KlasfeldReports they made a really lame public statement that only those that never believed the lies will ever see. The crazies that still believe the lies will never see the statement. They will make up the financial loss and be a little more careful but tucker and friends will still be themselves because it’s considered “opinion” shows and that’s 80% of the network’s programming. It’s not a news network, it’s an entertainment network masquerading as a news network to spread propaganda.

@KlasfeldReports

and the 2nd half of the article is about how FoxCorp + FoxNews (and everybody else) are going to learn not to leave a paper trail next time.

Yeah, this is an outcome to feel good about.

@KlasfeldReports I wonder how much money Fox made by spreading lies about Dominion. I don't suppose they'll be releasing that info to the public.

@KlasfeldReports As a lawddite, the thing that stuck out to me is that they admitted wrongdoing. Settlements never end with that… they always end with an unsatisfying “money changed hands and nobody admits any guilt and everyone goes back to first position.”

This was an illuminating and reinforcing read. Thank you.

@waterluvian Thanks, but Fox was actually pretty cagey on the admission. Their statement said they acknowledged that the **judge found** the broadcasts were false. Falls short of a mea culpa. But no doubt, this loss stung.

@KlasfeldReports Ah thanks for the clarification. I got the wrong gist from the immediate reporting, day-of.

Now I need to go find out why Fox’s net earnings doubled between 2020 and 2021 because I noticed that in your article and am now fixated.

(also: they should add a “Legal Settlements” line item to future reports to get ahead of things)

@KlasfeldReports that's a good read. I honestly thought they must make more money than that. I hadn't considered the issue of insurance if they tried to use that to pay it - or regardless.

However my guess is they will be getting serious about keeping non-official communications off the record and using secure channels like Signal in the future. So in the future the best we can hope for is someone to whistleblow from the inside and expose those communications.

@KlasfeldReports And we did get all of those text/email confessions.

@KlasfeldReports So @Popehat you're quoted here saying that 'actual malice' would almost certainly not be covered.

Could the insurer potentially refuse to pay on the basis that Fox engaged in actual malice, and force a lawsuit? Or are the terms of such agreements usually construed to forbid that absent a direct verdict in the case that the liability was resolved in?

@KlasfeldReports @Popehat Insurers, after all, try to get out of making big payouts all the time, and I'm sure whoever the unlucky policy issuer is is desperate for any potential excuse to avoid paying $787.5M.
@KlasfeldReports It's also only one settlement so far. Smartmatic still has its $2.7 billion suit in play.
@KlasfeldReports Heyyy! The filter from 2016 is still working:
@KlasfeldReports After the last payment clears, they'll run their mouth about how they were the victims.
@KlasfeldReports My problem is this: The Civil War ended when the South's armies were defeated, but the South's population never really admitted defeat. Same with FOX's listeners. If they won't hear a retraction and apology, as far as they're concerned FOX's loss will never have happened.
@rmatile1 Trial wouldn’t have forced an apology either, and far from clear it would have gotten a better outcome for Dominion. As for the public reckoning, a massive amount of their private emails, text messages and sworn testimony is out their either way.
@KlasfeldReports the fact so many are stuck on this hive-mind thought that an apology would have restored peace and love, and Dominion is the selfish bad company is just baffling.
@KlasfeldReports They deserve to be bankrupted and shut down, not just for this, but for everything they've facilitated over the years
Demand Your Cable Service Provider Make FOX News Channel Optional!

My concerns aren't that FOX is conservative, but that FOX “News” is not news at all! It's an entertainment channel that seeks to do nothing but spread inaccurate propaganda. Court documents show that in 2020, FOX’s top brass knew that the election deniers they put on the air were peddling lies and were not credible, but they put them on anyway. Please help me do my part to try and stop this insidious organization from continuing to rip our country apart.I DO NOT wish to directly or...

MoveOn
@KlasfeldReports challenging NYT writing that the settlement was part of threats to journalism. Fox is propaganda, not journalism. Shame on NYT
@KlasfeldReports THEY GET TO TAKE IT IS A WRITE OFF. Another FU to America. STOP TRYING TO MAKE THIS OKAY. None of this is okay. #fox #dominion #settlement

@KlasfeldReports
This and other articles have the perspective that "this deal is extremely rare and nearly unheard of in the legal system, so everyone should be happy!"

Whereas the normal people I hear are saying "we want the company to be truly punished, to stop their bad behavior, and require them to admit to the bad behavior." And this deal doesn't meet that standard, in their opinion.

IMO, it doesn't matter how unique or rare the deal is in the legal history of the US. We're saying that rarity is immaterial because we want things to truly change and so far the US legal system has shown no ability to reign in the behavior of Fox News. So why should we celebrate this deal when we don't believe it will change their behavior?

@KlasfeldReports Add to that Smartmatic and one direct class action [investors] and a derivative one [both in Delaware] for insurance money to Fox News which I guess the insurers in their turn will demand from the Murdochs.
Now we are talking pain!